Proceeds generated are more than 2 , 000 monthly , although I receive Andaman rest is reinvested . I cant help but feel there is a conflict on interest
Estate Planning Attorney
The trustee that invests the money and one day receives the remainder sometimes does have a conflict.
For example-stocks can pay lousy dividends but appreciate greatly in value.
Have an attorney review the investments to make sure you are being treated fairly.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
This is not a questions that can be answered without further information. The answer depends to a large extent on the terms of the document creating the trust [trust agreement or will]. You should discuss this with a lawyer who has experience in trust and estate law.
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Elder Law Attorney
There are many things missing from your question that are necessary to point you in the right direction. For one, you have not specified whether you are allowed to receive principal as well as income from the trust, which on a trust that isn't intended to provide for your children also would usually be the case. If it is, then the amount of distributions may be arbitrary or improper, but the investment strategy cannot be challenged on growth vs. revenue portfolio. Also, I'm not sure what "Andaman" is supposed to be.
As to your main question, it is a conflict of interest, but one that was intended by the settlor (creator-funder), which means it is not, in and of itself, grounds to request a change. Your sister, as trustee, is still bound to a fiduciary duty to execute the goals and requirements of the trust in a reasonable way, whatever they might be. If there is a strained relationship or you feel she is engaging in unethical conduct and not being fair to you, you are entitled to request a full accounting of the trust portfolio and her management actions, as well as to seek to remove her as trustee. However, in a situation where one sibling is managing the trust for another, the Court's review will hinge largely on the stated purpose of the trust as well as the unwritten backstory. If the trust was created this way because you are much younger and were a minor when the trust/will was drafted, distributions ought to be made generously. However, if evidence shows that the trust was created because of gambling or substance abuse issues, as two examples, the trustee would have a much longer leash.
If you have serious concerns about mismanagement, you should bring a copy of the trust to an experienced estate planning attorney to discuss your options in further detail. Best of luck.
Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any readerâ€™s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.
Potential conflicts of interest are inherent in many estate plans. The trustee is subject to a fiduciary standard and as long as she does not violate that, there is probably not much you can do.
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